Robert C. Newson v. First Alabama Bank of Huntsville, N. A.
This text of 604 F.2d 316 (Robert C. Newson v. First Alabama Bank of Huntsville, N. A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ON PETITION FOR REHEARING
We dismissed the appeal in this case «because we thought it was not filed within the time period proscribed by rule 4(a) of the Federal Rules of Appellate Procedure. As appellant points out, we failed to note that September 4, 1978, the day on which the filing period would have ended, was a legal holiday. When this happens, the party receives an additional day in which to file. See Fed.R.Civ.P. 6(a). Appellant filed on September 5, 1978. Thus, his appeal was timely filed. Accordingly, we grant the petition for rehearing and reinstate the appeal.
ORDER DISMISSING APPEAL VACATED and APPEAL REINSTATED.
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604 F.2d 316, 1979 U.S. App. LEXIS 13863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-c-newson-v-first-alabama-bank-of-huntsville-n-a-ca1-1979.